Nothing Trump Says on Twitter Should Be Taken Seriously, According to Trump’s Lawyer

Donald Trump and his White House transition can‘t seem to make up their minds about whether his tweets should be taken literally or merely seriously. Sometimes, Trump uses the social-media service to blast out 140-character messages that give the impression of official policy, as when he called for an expansion of America’s nuclear arsenal. Other times he uses it to go nuclear himself, attacking fellow celebrities like Arnold Schwarzenegger (“swamped” in the ratings) or Meryl Streep (“the most over-rated actresses in Hollywood”). According to Trump’s incoming White House press secretary, his tweets are some combination of literal and serious. “I think that his use of social media . . . is gonna be something that’s never been seen before,” Sean Spicersaid last month. “He has this direct pipeline in the American people, where he can talk back and forth.” According to Trump’s lawyers, however, they are neither.

Last year, political strategist Cheryl Jacobus sued Trump, alleging that when she criticized him on CNN, the then presidential candidate responded by defaming her on Twitter. “Really dumb @CheriJacobus. Begged my people for a job. Turned her down twice and she went hostile. Major loser, zero credibility!” he wrote in February. Jacobus, who took photos of a conversation in which it appears that members of Trump’s team had approached her about a job, and not the other way around, asked for $4 million in damages.

As The Hollywood Reporter reports, Trump’s legal team argued that the case should be dismissed because his statements were “pure opinion,” and shouldn’t be considered defamatory because they could not be proven true or false. His attorney pointed out that much of the discourse on Twitter—which Trump continues to use to conduct diplomacy—is obviously hyperbolic, and later argued that “perception is reality.”

On Tuesday, the judge presiding over the case agreed. “Trump's characterization of plaintiff as having 'begged' for a job is reasonably viewed as a loose, figurative, and hyperbolic reference to plaintiff's state of mind and is therefore, not susceptible of objective verification,” New York Supreme Court judge Barbara Jaffe wrote in her decision dismissing the case. “His tweets about his critics, necessarily restricted to 140 characters or less, are rife with vague and simplistic insults such as 'loser' or 'total loser' or 'totally biased loser,' 'dummy' or 'dope' or 'dumb,' 'zero/no credibility,' 'crazy' or 'wacko' and 'disaster,' all deflecting serious consideration.”

Still, Trump’s use of Twitter left Jaffe deeply disturbed, and she didn’t hesitate to say so. “The context of a national presidential primary and a candidate's strategic and almost exclusive use of Twitter to advance his views arguably distinguish this case from those where heated rhetoric, with or without the use of social media, was held to constitute communications that cannot be taken seriously,” she added. “These circumstances raise some concern that some may avoid liability by conveying positions in small Twitter parcels, as opposed to by doing so in a more formal and presumably actionable manner.”

It’s impossible not to note the hypocrisy between Trump’s demand to be taken seriously—as well as his call to “open” up libel laws—and his desire to absolve himself from the results of his tweets when he doesn’t like the outcome. The real, and ongoing, danger of Trump’s tweets is that it’s impossible to know if and when Trump should be taken literally, or seriously, or neither, which presents an unprecedented diplomatic nightmare. Or as Judge Jaffe said: “Indeed, to some, truth itself has been lost in the cacophony of online and Twitter verbiage to such a degree that it seems to roll of the national consciousness like water off a duck's back.”

Andrew Jackson, 1828 and 1832

In an ironic twist, Jackson—who was arguably the most Trumpian of presidents past—secured the most popular votes in the 1824 election, only to lose the presidency to John Quincy Adams after the vote was pushed to the House of Representatives. But in the 1828 and 1832 elections, he handedly won the popular vote with 56 percent and 55 percent, respectively.

Photo: Courtesy of the Library of Congress.

Martin Van Buren, 1836

Van Buren, the eighth president of the United States, garnered a roughly 14-percentage-point margin over his opponent William Henry Harrison in the 1836 popular vote. (Sadly, Harrison would edge him out in four years’ time.)

Photo: Courtesy of the Library of Congress.

William Henry Harrison, 1840

After losing to Van Buren in the 1836 election, Harrison won the popular vote in the 1840 presidential race by six percentage points.

Photo: Courtesy of the Library of Congress.

James K. Polk, 1844

Like Donald Trump, Polk was viewed as a “dark horse” candidate. But unlike Trump, Polk actually won the popular vote. (Sure, by a less than a 2-percentage-point margin—but he still won it.)

Photo: Courtesy of the Library of Congress.

Bill Clinton, 1992 and 1996

Both of the Clintons won the popular vote. In 1992, Bill edged out George H.W. Bush by more than 5 percentage points, and in 1996 he beat Bob Dole by more than 8 percentage points.

Photo: From AFP/Getty Images.

Barack Obama, 2008 and 2012

After winning nearly 53 percent and more than 51 percent of the popular vote in 2008 and 2012, respectively, Obama truly knows what it feels like when more than half of the country actually wants you in the White House.

Photo: Courtesy of the Library of Congress.

Donald Trump, 2016

Trump lost the popular vote to Hillary Clinton by nearly 2.9 million votes.

Photo: By Kip Carroll/Rex/Shutterstock.

Andrew Jackson, 1828 and 1832

In an ironic twist, Jackson—who was arguably the most Trumpian of presidents past—secured the most popular votes in the 1824 election, only to lose the presidency to John Quincy Adams after the vote was pushed to the House of Representatives. But in the 1828 and 1832 elections, he handedly won the popular vote with 56 percent and 55 percent, respectively.

Courtesy of the Library of Congress.

Martin Van Buren, 1836

Van Buren, the eighth president of the United States, garnered a roughly 14-percentage-point margin over his opponent William Henry Harrison in the 1836 popular vote. (Sadly, Harrison would edge him out in four years’ time.)

Courtesy of the Library of Congress.

William Henry Harrison, 1840

After losing to Van Buren in the 1836 election, Harrison won the popular vote in the 1840 presidential race by six percentage points.

Courtesy of the Library of Congress.

James K. Polk, 1844

Like Donald Trump, Polk was viewed as a “dark horse” candidate. But unlike Trump, Polk actually won the popular vote. (Sure, by a less than a 2-percentage-point margin—but he still won it.)

Courtesy of the Library of Congress.

Zachary Taylor, 1848

The 12th president of the United States, Taylor won just shy of 5 percentage points more of the popular vote than his opponent Lewis Cass.

Courtesy of the Library of Congress.

Franklin Pierce, 1852

Pierce, a president whose name most Americans probably don’t even recognize, managed to do one thing Donald Trump could not—secure more than 50 percent of the popular vote.

Courtesy of the Library of Congress.

James Buchanan, 1856

While Buchanan failed to nab more than 50 percent of the popular vote, his more than 12-percentage-point margin over his closest opponent shows he still managed to trounce the rest of the field.

Courtesy of the Library of Congress.

Abraham Lincoln, 1860 and 1864

Remember this guy? Honest Abe secured more than 10-percentage-point margins over Stephen Douglas and George McClellan in 1860 and 1864 presidential elections, respectively.

Courtesy of the Library of Congress.

Ulysses S. Grant, 1868 and 1872

Against a guy named Horatio Seymour, Grant won nearly 53 percent of the popular vote in the 1868 election. Then, in 1872, he beat out Horace Greeley, securing more than 55 percent of the popular vote.

Courtesy of the Library of Congress.

James A. Garfield, 1880

Four years after Rutherford B. Hayes embarrassed himself when he lost the popular vote but won the presidency, Garfield narrowly edged out Winfield Hancock in the popular vote by less than 1 percentage point. But hey—what do you call a president who won the popular vote by less than 1 percentage point? A president who won the popular vote.

Courtesy of the Library of Congress.

Grover Cleveland, 1884 and 1892

Like his predecessor James A. Garfield, Cleveland won the presidency in 1884 with a less than 1-percentage-point edge over James Blaine. Cleveland ran again in the 1888 election, wherein he won the popular vote but lost the presidency to Benjamin Harrison. Then in 1892, he garnered just over 46 percent of the popular vote and won the electoral college.

Courtesy of the Library of Congress.

William McKinley, 1896 and 1900

McKinley won the popular vote in the 1896 and 1900 elections, with margins of more than 4 percentage points and 6 percentage points, respectively.

Courtesy of the Library of Congress.

Theodore Roosevelt, 1904

Teddy a.k.a Haroun-al-Roosevelt, a.k.a. the Dynamo of Power, a.k.a. the Trust Buster dominated his opponents in the 1904 presidential race, securing more than 56 percent of the popular vote.

Courtesy of the Library of Congress.

William Howard Taft, 1908

In the 1908 presidential election, Taft nabbed more than 51 percent of the popular vote.

Courtesy of the Library of Congress.

Woodrow Wilson, 1912 and 1916

While Wilson didn’t win the majority of the popular vote in either presidential election he ran in, he did secure respectable margins of more than 14 percentage points in the 1912 race and of more than 3 percentage points in 1916.

Courtesy of the Library of Congress.

Warren G. Harding, 1920

In the 1920 presidential election, Harding won more than 60 percent of the popular vote.

Courtesy of the Library of Congress.

Calvin Coolidge, 1924

Coolidge nabbed just over 54 percent of the popular vote in 1924—nearly double that of his closest rival, John Davis.

Courtesy of the Library of Congress.

Herbert Hoover, 1928

Despite going down in history as one of the least popular presidents in U.S. history, Hoover landed a respectable 58 percent of the popular vote in the 1928 election.

Courtesy of the Library of Congress.

Franklin Delano Roosevelt, 1932, 1936, 1940, and 1944

F.D.R. did what Donald Trump couldn’t—four times.

Courtesy of the Library of Congress.

Harry S. Truman, 1948

Truman won the popular vote in the 1948 presidential election by a margin of more than four percentage points.

Courtesy of the Library of Congress.

Dwight D. Eisenhower, 1952 and 1956

“Ike,” the 34th president of the United States, won the presidential elections handedly in 1952 and 1956, with 55 percent and 57 percent of the popular vote, respectively.

Courtesy of the Library of Congress.

John F. Kennedy, 1960

At the young age of 43, J.F.K. narrowly edged out Richard Nixon by less than 1 percentage point in the popular vote.

Courtesy of the Library of Congress.

Lyndon B. Johnson, 1964

When Johnson ran for re-election after taking over the presidency in the wake of J.F.K.’s death, he won more than 61 percent of the popular vote, easily defeating Barry Goldwater.

Courtesy of the Library of Congress.

Richard Nixon, 1968 and 1972

In the 1968 presidential election, Nixon won the popular vote by a margin of less than 1 percent. And four years later, in his landslide victory over George McGovern, he won the popular vote by a margin of over 23 percentage points.

Courtesy of the Library of Congress.

Jimmy Carter, 1976

With an edge of just over 2 percentage points, this peanut farmer won what a New York billionaire could not—the popular vote.

Courtesy of the Library of Congress.

Ronald Reagan, 1980 and 1984

Despite his continued attempts to associate himself with Reagan’s legacy, Trump has already failed to match the 40th president in one area: winning the popular vote. In 1980, Reagan won the popular vote by nearly 10 percentage points, and over 18 percentage points in 1984.

Courtesy of the Library of Congress.

George H.W. Bush, 1988

The elder Bush won the popular vote by nearly 8 percentage points in 1988.

From Getty Images.

George W. Bush, 2004

Like Donald Trump, the younger Bush knows what it feels like to win the presidency but lose the popular vote—as he did in 2000. Four years later, however, Bush escaped the shame and was able to bask in the presidential glory one feels when one wins the popular vote after he edged out John Kerry.

Courtesy of the Library of Congress.

Bill Clinton, 1992 and 1996

Both of the Clintons won the popular vote. In 1992, Bill edged out George H.W. Bush by more than 5 percentage points, and in 1996 he beat Bob Dole by more than 8 percentage points.

From AFP/Getty Images.

Barack Obama, 2008 and 2012

After winning nearly 53 percent and more than 51 percent of the popular vote in 2008 and 2012, respectively, Obama truly knows what it feels like when more than half of the country actually wants you in the White House.

Courtesy of the Library of Congress.

Donald Trump, 2016

Trump lost the popular vote to Hillary Clinton by nearly 2.9 million votes.